Practically speaking, in New York, a divorce is the legal process by which a marriage is dissolved. To that end, you may have a preconceived notion that divorce is used to determine the equitable distribution of marital assets, child custody and support, maintenance (commonly known as “alimony”), as well as several other issues. But why? Why is anyone entitled to any assets that aren’t their own? Why does one spouse have to pay child support and/or maintenance and the other does not? Why does custody even need to be discussed?
The answer to these questions is: Because you were married! Once a couple gets married, they are no longer separate individuals in the eyes of the law. And marriage, while a joyous and hopeful event in one’s life, comes with many legally binding precedents on both parties.
Divorce: A Contract
New York views marriage as a legally binding contract that is entered into by both parties. By entering into this contract, both parties assume certain rights and obligations to each other. For example, once married, bank accounts, property rights, and inheritance rights, instantly change. Any bank account that either party deposits money into during the marriage is now effectively considered joint, any property in which the parties live is almost certainly considered marital property, and any surviving spouse now has a right to inheriting (at a minimum) 50% of the deceased’s estate.
And those are only a few examples.
Since marriage imparts such a great number of powers and benefits to both parties, it is understandable that the breaking of such a contract would have drastic effects as well. And just like any other contract, the parties rely on the terms to plan the rest of their life. It’s because of that reliance that it makes sense to have things like child support, spousal support, and equitable distribution of property. The purpose of each of these legal ideas is to put the parties in the most fair position possible after the contract of marriage is broken.
What's to come
Next week, we'll be taking an in-depth look at legal grounds for divorce. Check back regularly for updates, and stay tuned!
